Clark v. Smith
The court held that, as the sole trustee of the Donald B. Clark & Linda Clark Revocable Trust, Linda Clark possessed standing to sue on the promissory notes transferred into the trust and that a trustee may enforce such trust-property claims without any probate-court authorization, thereby reversing the trial court's judgment in favor of the defendants and remanding the case.
Date Filed: August 14, 2025
Case Name: Clark v. Smith
Case Number: G063394
Court: California Court of Appeal, Fourth Appellate District, Division Three
The Court holds that a trustee of a revocable inter‑vivos trust has standing to sue to enforce promissory notes that were assigned to the trust, and that no Heggstad petition or probate proceeding is required to obtain court permission to pursue such claims. By reversing the trial‑court judgment, the appellate court affirms that trustees may exercise the trust’s enforcement powers under both California and Colorado law without prior court authorization. This decision reinforces the probate‑avoidance purpose of revocable trusts and clarifies that trustees can directly litigate claims on trust assets.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.